UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF ...



UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)

CIVIL DOCKET FOR CASE #: 5:08-cv-01753-VAP-OP

| | |

|Twenty-Nine Palms Band of Mission Indians v. Arnold Schwarzenegger et al |Date Filed: 12/02/2008 |

|Assigned to: Judge Virginia A. Phillips |Jury Demand: None |

|Referred to: Magistrate Judge Oswald Parada |Nature of Suit: 890 Other Statutory Actions |

|Cause: 28:1331 Fed. Question: Breach of Contract |Jurisdiction: Federal Question |

|Plaintiff |

|Twenty-Nine Palms Band of Mission Indians |represented by |Carole M Ross |

|a federally recognized Indian Tribe | |Sheppard Mullin Richter and Hampton |

| | |12275 El Camino Real, Suite 200 |

| | |San Diego , CA 92130-2006 |

| | |858-720-8900 |

| | |Fax: 858-509-3691 |

| | |Email: cross@ |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

| | |Matthew Scott McConnell |

| | |Sheppard Mullin Richter and Hampton |

| | |12275 El Camino Real, Suite 200 |

| | |San Diego , CA 92130-2006 |

| | |858-720-8900 |

| | |Fax: 858-509-3691 |

| | |Email: mmcconnell@ |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

| | |Richard M Freeman |

| | |Sheppard Mullin Richter and Hampton |

| | |12275 El Camino Real, Suite 200 |

| | |San Diego , CA 92130-2006 |

| | |858-720-8900 |

| | |Fax: 858-509-3691 |

| | |Email: rfreeman@ |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

| | | |

|V. | | |

|Defendant | | |

|Arnold Schwarzenegger |represented by |Jennifer T Henderson |

|Governor of the State of California, in his | |Department of Justice |

|offiical capacity as Governor of the State of | |1300 I Street |

|California | |Sacramento , CA 95814 |

| | |916-324-5366 |

| | |Fax: 916-322-5609 |

| | |Email: jennifer.henderson@doj. |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

| | |Randall A Pinal |

| | |CAAG Office of Attorney General of California |

| | |110 West A Street |

| | |Ste 1100 |

| | |San Diego , CA 92101 |

| | |619-645-3075 |

| | |Fax: 619-645-2012 |

| | |Email: randy.pinal@doj. |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

|Defendant | | |

|Attorney General Edmund G Brown, Jr |represented by |Jennifer T Henderson |

|in his official capacity as Attorney General of the| |(See above for address) |

|State of California | |LEAD ATTORNEY |

|TERMINATED: 03/27/2009 | |ATTORNEY TO BE NOTICED |

| | | |

| | |Randall A Pinal |

| | |(See above for address) |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

|Defendant | | |

|The State of California |represented by |Randall A Pinal |

|TERMINATED: 10/01/2009 | |(See above for address) |

| | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

|Defendant | | |

|Selvi Stanislaus |represented by |Randall A Pinal |

|in her official capacity as Executive Officer of | |(See above for address) |

|Franchise Tax Board | |LEAD ATTORNEY |

| | |ATTORNEY TO BE NOTICED |

| | | |

|Date Filed |# |Docket Text |

|12/02/2008 |1  |COMPLAINT against defendant Arnold Schwarzenegger, Edmund G Brown, Jr.(Filing fee $ 350), filed by |

| | |plaintiff Twenty-Nine Palms Band of Mission Indians.(am) (Additional attachment(s) added on |

| | |12/10/2008: # 1 Part 2) (am). (Entered: 12/02/2008) |

|12/02/2008 |  |20 DAY Summons Issued re Complaint - (Discovery) 1 as to defendants Arnold Schwarzenegger, Edmund G |

| | |Brown, Jr. (am) (Entered: 12/02/2008) |

|12/02/2008 |2  |CERTIFICATE of Interested Parties filed by plaintiff Twenty-Nine Palms Band of Mission Indians, (am) |

| | |(am). (Entered: 12/02/2008) |

|12/02/2008 |3  |NOTICE of Related Case(s) filed by plaintiff Twenty-Nine Palms Band of Mission Indians. (am) (am). |

| | |(Entered: 12/02/2008) |

|12/02/2008 |4  |STANDING ORDER by Judge Virginia A. Phillips, READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND |

| | |DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am) (Entered: 12/03/2008) |

|01/14/2009 |5  |PROOF OF SERVICE Executed by Plaintiff Twenty-Nine Palms Band of Mission Indians, upon Edmund G |

| | |Brown, Jr served on 1/8/2009, answer due 1/28/2009. The Summons and Complaint were served by Personal|

| | |Service service, by State Statute statute, upon Officer Appell, Authorized to Accept. Due Dilligence |

| | |declaration no. Original Summons not returned. (Ross, Carole) (Entered: 01/14/2009) |

|01/14/2009 |6  |PROOF OF SERVICE Executed by Plaintiff Twenty-Nine Palms Band of Mission Indians, upon Arnold |

| | |Schwarzenegger served on 1/8/2009, answer due 1/28/2009. The Summons and Complaint were served by |

| | |Personal service, by State Statute statute, upon Christy Caspers, Authorized to Accept. Due |

| | |Dilligence declaration not attached. Original Summons not returned. (Ross, Carole) (Entered: |

| | |01/14/2009) |

|01/27/2009 |7  |STIPULATION for Extension of Time to File Response to Initial Complaint filed by Defendants Arnold |

| | |Schwarzenegger, Edmund G Brown, Jr. (Attachments: # 1 Certificate of Service)(Pinal, Randall) |

| | |(Entered: 01/27/2009) |

|01/30/2009 |8  |NOTICE of Appearance filed by attorney Jennifer T Henderson on behalf of Defendants Arnold |

| | |Schwarzenegger, Edmund G Brown, Jr (Henderson, Jennifer) (Entered: 01/30/2009) |

|02/26/2009 |9  |STIPULATION to Amend Complaint - (Discovery) 1 filed by Defendants Arnold Schwarzenegger, Edmund G |

| | |Brown, Jr. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Pinal, Randall) (Entered: |

| | |02/26/2009) |

|02/27/2009 |10  |NOTICE of Errata re Stipulation to Allow Plaintiff to File First Amended Complaint filed by |

| | |Defendants Arnold Schwarzenegger, Edmund G Brown, Jr. (Attachments: # 1 Certificate of |

| | |Service)(Pinal, Randall) (Entered: 02/27/2009) |

|02/27/2009 |11  |STIPULATION to Amend Complaint - (Discovery) 1 filed by Defendants Arnold Schwarzenegger, Edmund G |

| | |Brown, Jr. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Pinal, Randall) (Entered: |

| | |02/27/2009) |

|03/04/2009 |12  |ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT by Judge Virginia A. Phillips: Based upon |

| | |counsels stipulation, the Tribe shall have through March 27, 2009, in which to file a first amended |

| | |complaint. Thereafter, the State Defendants response will be due within the time-period prescribed by|

| | |the Federal Rules of Civil Procedure and local civil rules. If the Tribe does not file a first |

| | |amended complaint by March 27, 2009, or does not obtain an extension of time to file a first amended |

| | |complaint, this action shall be dismissed without prejudice. (am) (Entered: 03/04/2009) |

|03/05/2009 |32  |MINUTES (IN CHAMBERS): ORDER by Judge Virginia A. Phillips: The State of California, Selvi Staislaus,|

| | |Arnold Schwarzeneggers Motion to Dismiss Amended Complaint 22 . Court issues a tentative ruling, |

| | |hears oral argument and takes the matter under submission. (am) (Entered: 08/05/2009) |

|03/27/2009 |13  |AMENDED COMPLAINT against defendant The State of California, Selvi Stanislaus, Arnold Schwarzenegger;|

| | |Party Edmund G Brown, Jr terminated amending Complaint - (Discovery) 1 ,filed by plaintiff |

| | |Twenty-Nine Palms Band of Mission Indians (Attachments: # 1 Part 2)(am) (Additional attachment(s) |

| | |added on 3/31/2009: # 2 Summons) (am). (Entered: 03/30/2009) |

|03/27/2009 |14  |AMENDED CERTIFICATE of Interested Parties filed by plaintiff Twenty-Nine Palms Band of Mission |

| | |Indians, (am) (Entered: 03/30/2009) |

|03/27/2009 |15  |NOTICE of Related Case(s) filed by plaintiff Twenty-Nine Palms Band of Mission Indians. Related |

| | |Case(s): None (am) (Entered: 03/30/2009) |

|03/30/2009 |  |20 DAY Summons Issued re Amended Complaint, 13 as to defendants The State of California, Selvi |

| | |Stanislaus, Arnold Schwarzenegger. (am) (Entered: 03/31/2009) |

|04/15/2009 |16  |STIPULATION for Extension of Time to File Answer or Response as to Amended Complaint, 13 filed by |

| | |Defendant Arnold Schwarzenegger. (Attachments: # 1 Proposed Order, # 2 Declaration of Service)(Pinal,|

| | |Randall) (Entered: 04/15/2009) |

|04/17/2009 |17  |ORDER EXTENDING TIME TO FILE ANSWER OR RESPONSE TO AMENDED COMPLAINT by Judge Virginia A. Phillips: |

| | |Based upon counsels stipulation, any defendants answer or response to the amended complaint shall be |

| | |filed on or before the same date as when the last properly served defendants answer or response is |

| | |due, as that date is prescribed by the Federal Rules of Civil Procedure or local rules. (am) |

| | |(Entered: 04/17/2009) |

|04/23/2009 |18  |PROOF OF SERVICE Executed Twenty-Nine Palms Band of Mission Indians, upon Selvi Stanislaus served on |

| | |4/17/2009, answer due 5/7/2009. First Amended The Summons and Complaint were served by personal |

| | |service, by State statute, upon Deborah Raunam. Due Dilligence declaration no. Original Summons Yes. |

| | |(Attachments: # 1 Summons)(McConnell, Matthew) (Entered: 04/23/2009) |

|04/23/2009 |19  |PROOF OF SERVICE Executed Twenty-Nine Palms Band of Mission Indians, upon The State of California |

| | |served on 4/17/2009, answer due 5/7/2009. First Amended The Summons and Complaint were served by |

| | |Personal service, by State statute, upon Officer Appel. Due Dilligence declaration No. Original |

| | |Summons Yes. (Attachments: # 1 Summons)(McConnell, Matthew) (Entered: 04/23/2009) |

|05/06/2009 |20  |STIPULATION for Extension of Time to File Respond to Amended Complaint filed by Defendants The State |

| | |of California, Selvi Stanislaus. (Attachments: # 1 Proof of Service)(Pinal, Randall) (Entered: |

| | |05/06/2009) |

|06/05/2009 |21  |STIPULATION to Exceed Page Limitation as to Motion to Dismiss Amended Complaint filed by defendants |

| | |The State of California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Proposed Order To|

| | |Exceed Page Limitations)(Pinal, Randall) (Entered: 06/05/2009) |

|06/05/2009 |22  |NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint filed by defendants The State of California,|

| | |Selvi Stanislaus, Arnold Schwarzenegger. Motion set for hearing on 7/20/2009 at 10:00 AM before Judge|

| | |Virginia A. Phillips. (Pinal, Randall) (Entered: 06/05/2009) |

|06/05/2009 |23  |MEMORANDUM in Support of MOTION to Dismiss Amended Complaint 22 Memorandum of Points and Authorities |

| | |filed by Defendants The State of California, Selvi Stanislaus, Arnold Schwarzenegger. (Pinal, |

| | |Randall) (Entered: 06/05/2009) |

|06/05/2009 |24  |REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Amended Complaint 22 filed by defendants The State |

| | |of California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #|

| | |3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Pinal, Randall) (Entered: 06/05/2009) |

|06/10/2009 |25  |ORDER ALLOWING PARTIES TO EXCEED PAGE LIMITATION by Judge Virginia A. Phillips: Based upon counsels |

| | |stipulation 21 , the Court finds that good cause exists to allow the parties to file memoranda of |

| | |points and authorities relating to State Defendants motion to dismiss the amended complaint that |

| | |shall not exceed thirty pages. IT IS SO ORDERED. (ad) (Entered: 06/11/2009) |

|06/24/2009 |26  |STIPULATION to Continue the hearing on the motion to dismiss from 7/20/09 to 8/3/09 Re: MOTION to |

| | |Dismiss Amended Complaint 22 filed by plaintiff Twenty-Nine Palms Band of Mission Indians. |

| | |(Attachments: # 1 Proposed Order Order Continuing Hearing on Motion to Dismiss, # 2 Proof of |

| | |Service)(Freeman, Richard) (Entered: 06/24/2009) |

|06/30/2009 |27  |ORDER CONTINUING HEARING ON MOTION TO DISMISS by Judge Virginia A. Phillips: Based upon counsel's |

| | |stipulation, the Court finds that good cause exists to continue the hearing on State Defendants' |

| | |motion to dismiss to August 3, 2009. The Tribe's opposition must be filed by July 20, 2009 and the |

| | |State Defendants' reply must be filed by July 27, 2009.before Judge Virginia A. Phillips (am) |

| | |(Entered: 07/01/2009) |

|07/20/2009 |28  |Opposition in re: MOTION to Dismiss Amended Complaint 22 filed by Plaintiff Twenty-Nine Palms Band of|

| | |Mission Indians. (Attachments: # 1 Appendix of Authorities and Request for Judicial Notice, # 2 |

| | |Objection to Request for Judicial Notice, # 3 Declaration of Carole M. Ross, # 4 Proof of |

| | |Service)(Ross, Carole) (Entered: 07/20/2009) |

|07/21/2009 |29  |NOTICE Notice of Errata re Opposition to Motion to Dismiss Amended Complaint filed by plaintiff |

| | |Twenty-Nine Palms Band of Mission Indians. (Attachments: # 1 Appendix of Authorities, # 2 Proof of |

| | |Service)(Ross, Carole) (Entered: 07/21/2009) |

|07/27/2009 |30  |REPLY to Plaintiff's Opposition to Motion to Dismiss Amended Complaint filed by Defendants The State |

| | |of California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Declaration of |

| | |Service)(Pinal, Randall) (Entered: 07/27/2009) |

|07/27/2009 |31  |REPLY to Plaintiff's Objection to Defendants' Request for Judicial Notice in Support of Motion to |

| | |Dismiss Amended Complaint and Further Request for Judicial Notice filed by Defendants The State of |

| | |California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 |

| | |Declaration of Service)(Pinal, Randall) (Entered: 07/27/2009) |

|09/04/2009 |33  |ORDER GRANTING MOTION TO DISMISS AMENDED COMPLAINT by Judge Virginia A. Phillips: 22 . The Court |

| | |GRANTS the Motion as to the first claim WITHOUT LEAVE TO AMEND. (am) (Entered: 09/08/2009) |

|09/14/2009 |34  |MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION held before Judge |

| | |Virginia A. Phillips: Plaintiff(s) is ordered to show cause in writing no later than October 13, |

| | |2009, why this action should not be dismissed for lack of prosecution. (am) (Entered: 09/14/2009) |

|10/01/2009 |35  |SECOND AMENDED COMPLAINT against defendants Selvi Stanislaus, Arnold Schwarzenegger; Party The State |

| | |of California terminated amending Amended Complaint, 13 ,filed by plaintiff Twenty-Nine Palms Band of|

| | |Mission Indians (am) (Entered: 10/05/2009) |

|10/01/2009 |36  |AMENDED CERTIFICATE of Interested Parties filed by plaintiff Twenty-Nine Palms Band of Mission |

| | |Indians, (am) (Entered: 10/05/2009) |

|10/01/2009 |37  |AMENDED NOTICE of Related Case(s) filed by plaintiff Twenty-Nine Palms Band of Mission Indians. (am) |

| | |(Entered: 10/05/2009) |

|10/01/2009 |38  |AMENDED PROOF OF SERVICE filed by plaintiff Twenty-Nine Palms Band of Mission Indians, re Notice of |

| | |Related Case(s) 37 , Certificate/Notice of Interested Parties 36 , Amended Complaint 35 served on |

| | |10/1/09. (am) (Entered: 10/05/2009) |

|10/01/2009 |39  |NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Virginia A. Phillips ORDERING Second Amended |

| | |Complaint; Amended Certification; Amended Notice of Related Case submitted by Plaintiff Twenty-Nine |

| | |Palms Band of Mission Indians received on 10/1/09 to be filed and processed; filed date to be the |

| | |date the document was stamped Received but not Filed with the Clerk. (am) (Entered: 10/05/2009) |

|10/06/2009 |40  |MINUTES OF IN CHAMBERS ORDER NOTICE - DISCHARGING ORDER TO SHOW CAUSE (OSC) held before Judge |

| | |Virginia A. Phillips: Counsel are hereby notified that the Minutes, Doc. No. 34 (OSC) issued in this |

| | |matter has been satisfied by virtue of the filing of Plaintiff's Second Amended Complaint on October |

| | |1, 2009, Doc. No. 35). Accordingly, the OSC is hereby discharged. (am) (Entered: 10/07/2009) |

|10/20/2009 |41  |STIPULATION for Extension of Time to File Response as to Amended Complaint 35 filed by Defendants The|

| | |State of California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Proposed Order, # 2 |

| | |Declaration of Service)(Pinal, Randall) (Entered: 10/20/2009) |

|10/21/2009 |42  |ORDER EXTENDING TIME TORESPOND TO SECOND AMENDED COMPLAINT granting defendants Selvi Stanislaus |

| | |answer due 10/30/2009; Arnold Schwarzenegger answer due 10/30/2009 by Judge Virginia A. Phillips (am)|

| | |(Entered: 10/22/2009) |

|10/29/2009 |43  |STIPULATION for Extension of Time to File Response as to Amended Complaint 35 filed by Defendants The|

| | |State of California, Selvi Stanislaus, Arnold Schwarzenegger. (Attachments: # 1 Proposed Order, # 2 |

| | |Declaration of Service)(Pinal, Randall) (Entered: 10/29/2009) |

|11/06/2009 |44  |NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendants Selvi Stanislaus,|

| | |Arnold Schwarzenegger. Motion set for hearing on 1/18/2010 at 10:00 AM before Judge Virginia A. |

| | |Phillips. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # |

| | |3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit |

| | |G-Part 1, # 10 Exhibit G-Part 2, # 11 Exhibit G-Part 3, # 12 Exhibit G-Part 4, # 13 Exhibit G-Part 5,|

| | |# 14 Exhibit G-Part 6, # 15 Exhibit G-Part 7, # 16 Declaration of Service)(Pinal, Randall) (Entered: |

| | |11/06/2009) |

|11/10/2009 |45  |NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: |

| | |Hearing date is a Court Holiday RE: MOTION to Dismiss Second Amended Complaint 44 . In response to |

| | |this notice the court may order (1) an amended or correct document to be filed (2) the document |

| | |stricken or (3) take other action as the court deems appropriate. (ad) (Entered: 11/10/2009) |

|11/12/2009 |46  |NOTICE Revised of Motion to Dismiss Second Amended Complaint filed by Defendants Selvi Stanislaus, |

| | |Arnold Schwarzenegger. (Attachments: # 1 Certificate of Service)(Pinal, Randall) (Entered: |

| | |11/12/2009) |

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